Contracted Services Agreement

Montana State University-Bozeman

And

____________________________________

 

A.         PARTIES

 

THIS CONTRACT is entered into between Montana State University-Bozeman, (insert Department Name), herein referred to as "MSU-Bozeman”, and (insert contractor’s name), hereinafter referred to as the "Contractor". 

 

Contractor Information: 

Name:

Address:  

Phone #:                                               Fax #: 

Point of Contact:

           

Note: Contractor must provide a W9 before payment will be processed.   If Contractor is a Non-Resident Alien, payment is subject to withholding in accordance with IRS 1042 reporting requirements and Contractor shall request instructions for Non-Resident Alien tax withholding.  Non-Resident Alien:  YES  or NO .   


MSU-Bozeman Information: 

Name: 

Address:

Phone #:                                               Fax #: 

Point of Contact: 

Index Number:  

 

1.         Purpose: The purpose of this contract is to (insert purpose).  _____

 

 

 

2.         Effective Date and Duration:  The Contractor shall commence performance upon receipt of a signed and fully executed contract from MSU-Bozeman.  The Contractor shall complete performance to the satisfaction of MSU-Bozeman no later than (insert date). 

 

3.         Services:  The Contractor agrees to perform the following services:  (insert services or refer to the Statement of Work – Attachment # 1).

 

4.         Consideration:  MSU-Bozeman agrees to pay Contractor the sum of $ (insert $ value) for satisfactory completion and acceptance of the contracted service.  All payment terms will be computed from the date of delivery of supplies or services OR receipt of a properly executed invoice, whichever is later.  Unless otherwise noted, the University is allowed 30 days to pay such invoices.  All Contractors may be required to provide banking information at the time of Contract execution in order to facilitate University electronic funds transfer payments.  MSU-Bozeman agrees to pay this amount as follows:

 

5.         Relationship of the Parties:  It is mutually agreed that Contractor is an independent contractor and not an employee of MSU-Bozeman for purposes of this Contract.  It is understood that the Contractor is not subject to the supervision and control of MSU-Bozeman; nor is the Contractor carrying out the regular business of MSU-Bozeman.  Each of the parties will be solely and entirely responsible for its own acts and/or the acts of its employees or agents. No benefits provided by MSU-Bozeman to its employees, including unemployment and workers' compensation insurance, will be provided to the Contractor or his/her/its employees.           

6.         Ownership and Publication of Materials:  All material and other information generated under this contract shall be the sole property of MSU-Bozeman.      

7.         Access to Records:  The Contractor shall adequately account for and maintain reasonable records for his/her/its performance and allow access to these records by MSU-Bozeman, the Legislative Auditor and/or the Legislative Fiscal Analyst as may be necessary for audit purposes and in determining compliance with the terms of this Contract.

 

The Contractor shall submit a record of expenditures incurred for the performance and completion of this Contract.  MSU-Bozeman may verify all expenditure receipts and disperse funds in an amount equal to the approved expenditures.

 

All records pertaining to this contract must be retained by the Contractor for a period of three years from the completion date of this Contract.  If any litigation, claim or audit is started before the expiration of the three-year period, the records must be retained until the litigation, claim or audit findings have been resolved.    

8.         Indemnification:  The Contractor agrees to defend, indemnify and hold MSU-Bozeman harmless from any and all losses and claims that may result to MSU-Bozeman because of the activity of the Contractor, his/her/its agents and/or employees.


9.         Non-discrimination:  The Contractor agrees that under Section 49-3-207, Montana Code Annotated, and the federal civil rights acts, no part of this Contract shall be performed in a manner which illegally discriminates against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin.


10.        Modification:  This contract contains the entire agreement between the parties, and no statements, promises or inducements made by either party, or agents or either party, that are not contained in this Contract are valid or binding. This Contract may not be enlarged, modified, or altered except by written amendment by the parties.


11.        Termination:

     A. This Contract may be terminated at any time upon the written mutual consent of the parties.

     B. MSU-Bozeman may terminate this Contract for failure of the Contractor to perform any of the services, duties or conditions contained in this Contract after providing the Contractor written notice of the stated failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 30 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period.

     C. The above remedies are in addition to any other remedies provided by law or the terms of this Contract.

 

12.        Severability:  If one part of this Contract is held to be illegal, void or in conflict with any Montana law, the validity of the remainder of this Contract remains operative and binding.


13.        Assignment, Transfer and Subcontracting:  There will be no assignment or transfer of this Contract, or of any interest in this Contract, unless both parties agree in writing. No services required under this Contract, may be performed under subcontract unless both parties agree in writing.       

14.        Notice: All notices relating to this Contract will be in writing and given to the contact person at the address provided for in this Contract.


15.        Venue: This Contract will be interpreted according to the laws of the State of Montana. The parties agree that, in the event of litigation concerning this Contract, venue shall be in the Eighteenth Judicial District of the State of Montana, in and for the County of Gallatin.

 

  This Contract consists of (insert number) numbered pages, any Attachments as required.  In the case of dispute or ambiguity about the minimum levels of performance by the Contractor the order of precedence of document interpretation is in the same order. The original will be retained by MSU-Bozeman. A copy of the original shall have the same force and effect as the original for all purposes. To express the parties' intent to be bound by the terms of this Contract, they have executed this document on the dates set forth below.

 

Montana State University                                 

 

 

_________________________________              __________________________________________

Principal Investigator (if required)   Date                Contractor Name/Title                                        Date


_________________________________ 
________________________________________

Department Head (if required)        Date                MSU Legal Counsel                               Date        
                                                                        Approved for Legal Format       
                                                                        (required for contracts exceeding $25,000)     
______________________________           

Dean  (if required)                                    Date              

________________________________                ______________________________________
Director of Purchasing                            Date                OSP Administrator/Vice President             Date 
Approved for Form                                           (
OSP signature required for contracts exceeding $5,000)             

(required for contracts exceeding $25,000)


Contract invalid unless signed by all required parties


ATTACHMENT 1

STATEMENT OF WORK

 

 

(Example)

 

  1. Deliverables

 

  1. Deliverable Due Dates

 

  1. Deliverable Review/Acceptance Criteria and Process